5 Ga. App. 420 | Ga. Ct. App. | 1909
Lead Opinion
The plaintiff sued for a week’s wages earned by him in the employment of the defendant. He seeks here to review a judgment in the lower court in favor of the defendant. He had agreed, in the contract of employment, that he would not quit, work without giving his employer one week’s notice of his intention to do so, and that if he did quit without notice, his employer-should retain one week’s wages as liquidated damages. He worked throughout the week, but on Sunday was arrested, and as he naively expresses it in his testimony, did not regain his liberty until more-than two months later. As to whether he was innocent or guilty of the offense for which he was arrested, as to whether he was acquitted or convicted, there is in his testimony a silence pregnant, with an admission; for a party’s own testimony, if equivocal or uncertain, is taken most strongly against him. The contract by
Judgment affirmed.
Concurrence Opinion
I concur only because prima facie the plaintiff violated his contract. Thereupon the burden was upon him to show that his absence and consequent failure to give the notice was without fault ripon his part, and this burden he failed to carry.
